ILNews

High court to hear challenge to tests admittance

IL Staff
December 21, 2009
Keywords
Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Supreme Court has agreed to take the case of a man charged with drunk driving who challenges the admittance of two tests used to prove his intoxication.

The high court granted transfer Dec. 17 to Roger L. Brown v. State of Indiana, No. 12S02-0912-CR-560, in which the Indiana Court of Appeals affirmed Roger Brown's two convictions of Class D felony operating a vehicle while intoxicated resulting in bodily injury. Brown argued the trial court shouldn't have allowed evidence of his horizontal gaze nystagmus test or evidence of his blood draw because the state failed to lay a proper foundation for either test.

In its original opinion, and on rehearing, the Court of Appeals affirmed the admittance of the HGN test. The appellate court found the trial court abused its discretion in admitting Brown's blood draw because the state didn't establish that the lab technician who drew the blood collected it under the direction of or under a protocol prepared by a physician. The technician followed protocol she learned in school, not the hospital's blood sample lab protocol.

Despite finding his blood test couldn't be admitted, the Court of Appeals affirmed Brown's convictions because the state was able to prove he was intoxicated and his driving caused the victims' injuries.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  2. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  3. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

  4. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  5. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

ADVERTISEMENT